Next summer, a federal court in California will hear arguments in a lawsuit that could change Uber forever. The lawsuit challenges the way Uber and other so-called transportation network companies classify their drivers as independent contractors rather than employees. But if that case goes poorly for Uber, the ride-hailing company already has a fallback plan: the states.

State governments in Ohio and Florida are considering bills that would statutorily define Uber drivers as independent contractors and not employees entitled to certain benefits and protections, like medical insurance and wage guarantees. They join three other states — Arkansas, North Carolina, and Indiana — that have successfully passed bills classifying drivers for transportation network companies like Uber and Lyft as contractors, according to Reuters.

Uber just received another round of funding that could value it at over $64.6 billion, but they’ll not interested in having any of their actual drivers as employees, just the people behind computers in Silicon Valley.